Pinnacle Restaurant at Big Sky, LLC v. CH SP Acquisitions, LLC, No. 15-35572 (9th Cir. 2017)Annotate this Case
11 U.S.C. 363(f), which authorizes a trustee to sell a debtor's assets free and clear of third-party interests, applied to the facts of this case, and did not conflict with section 365(h), which protects the rights of lessees, because the trustee did not "reject" the leases. Therefore, the Ninth Circuit affirmed the district court's judgment affirming the bankruptcy court's decision that a bankruptcy trustee's sale of debtor's property was free and clear of unexpired leases.
The court issued a subsequent related opinion or order on September 12, 2017.